Execução da pena e a psicopatia: indispensabilidade de um novo regime exclusivo para psicopatas

Abstract

One of the greatest challenges faced by the Criminal Law, at the present time, consists in the elaboration of a sanctioning system that complies with, simultaneously, the functions of institutionalized penalty by the State (retribution, prevention, and resocialization). The problem becomes even more complex when we add a puzzling element: the Psychopathy. Independent of the measure adopted- penalties or security measures- its implementation must result in the social reintegration of convicted felon, so they can keep coexisting within society. However, people diagnosed with psychopathy have been described as incapable of resocialization. The present work aims to analyze the treatment applied to psychopaths according to the brazilian Criminal Law, contributing to the discussion about which sanctioning measure is more suitable to the individuals with this personality disorder. Through an exploratory research, with the help of a bibliographical material related to the areas of Forensic Law, Psychology and Psychiatry, it was made possible to observe that our legal order do not comprise the psychopathic figure. The peculiarities of the psychopathic criminals, the lack of detailed medical exams and the absence of a specific treatment, combined with the lack of structure of the brazilian law system, make the imprisonment and the security measure inoperative for these cases. Finally it was found that is necessary to integrate the PCL-R scale into criminological exams and develop a new regime that cover those topics involving this psychological disorder.